
2006 No. 97
HOUSING; RATES; SOCIAL SECURITY
The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2006
Made 9th March 2006
Coming into operation in accordance with regulation 1

The Department for Social Development makes the following Regulations in exercise of the powers conferred by sections 122(1)(a) and (d), 123(1)(e), 131(1), 132(4)(a) and (b), 132A(3), 134(1)(a) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992, sections 5(1)(l) and 165(1), (4) and (5) of the Social Security Administration Act (Northern Ireland) 1992, Articles 14(4)(a) and (b) and 36(2) of the Jobseekers (Northern Ireland) Order 1995, and now vested in it, and sections 2(3)(b) and (9), 13(1)(a), 15(1)(j) and 19(1), (2)(a) and (3) of the State Pension Credit Act (Northern Ireland) 2002.
Regulation 3 of these Regulations is made with the consent of the Department of Finance and Personnel.

The Social Security Advisory Committee has agreed that proposals in respect of regulation 3 should not be referred to it.
Citation, commencement and interpretation
1 

(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2006 and shall, subject to paragraphs (2) to (6), come into operation on 6th April 2006.
(2) This regulation and regulation 3(4)(d) and (7) shall come into operation on 1st April 2006.
(3) Regulation 2(4)(a) to (c), (e) and (f) shall come into operation on 3rd April 2006.
(4) Regulations 2(2)(a) and (b) and (3)(a), 3(4)(a) and (6)(a), and 4(2)(a) and (b) and (3)(a) shall come into operation on 6th April 2006 immediately after the provisions referred to in regulation 1(4) of the Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2005.
(5) Regulations 2(4)(d) and 6 shall come into operation on 10th April 2006.
(6) Regulation 5(3) and (5) shall come into operation on 10th April 2006 immediately after the coming into operation of regulation 7(5) of the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 2005.
(7) The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Assembly.
Amendment of the Income Support (General) Regulations
2 

(1) The Income Support (General) Regulations (Northern Ireland) 1987 shall be amended in accordance with paragraphs (2) to (4).
(2) In regulation 42 (notional income)—
(a) in paragraph (2)(g) for “or retirement annuity contract” there shall be substituted “, retirement annuity contract or a payment made by the Board of the Pension Protection Fund”;
(b) in paragraph (2ZA)(a) for “personal pension scheme or retirement annuity contract” there shall be substituted “a personal pension scheme, a retirement annuity contract or the Board of the Pension Protection Fund”;
(c) in paragraph (4)(a)(ia) for “or is a pension or other periodical payment made under a personal pension scheme” there shall be substituted “, a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund”; and
(d) in paragraph (4ZA)(d) for “or in respect of a pension or other periodical payment made under a personal pension scheme” there shall be substituted “, in respect of a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund”.
(3) In regulation 51(notional capital)—
(a) in paragraph (2)(da) after “scheme” there shall be inserted “or a payment made by the Board of the Pension Protection Fund”;
(b) in paragraph (3)(a)(ia) for “or is a pension or other periodical payment made under a personal pension scheme” there shall be substituted “, a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund”; and
(c) in paragraph (3A)(c) for “or in respect of a pension or other periodical payment made under a personal pension scheme” there shall be substituted “, in respect of a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund”.
(4) The following provisions shall be omitted—
(a) regulation 17(1)(g) (applicable amounts);
(b) regulation 18(1)(h) (polygamous marriages);
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) paragraph 16A of Schedule 1B (prescribed categories of person);
(e) Schedule 3A (protected sum); and
(f) Schedule 3B (protected sum).
Amendment of the Housing Benefit (General) Regulations
3 
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Amendment of the Jobseeker’s Allowance Regulations
4 

(1) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996 shall be amended in accordance with paragraphs (2) and (3).
(2) In regulation 105 (notional income)—
(a) in paragraph (2)(g) for “or occupational pension scheme” there shall be substituted “, occupational pension scheme or a payment made by the Board of the Pension Protection Fund”;
(b) in paragraph (2B)(a) for “or personal pension scheme” there shall be substituted “ a personal pension scheme or the Board of the Pension Protection Fund”;
(c) in paragraph (10)(a)(ia) for “or is a pension or other periodical payment made under a personal pension scheme” there shall be substituted “, a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund”; and
(d) in paragraph (10A)(d) for “or in respect of a pension or other periodical payment made under a personal pension scheme” there shall be substituted “, in respect of a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund”.
(3) In regulation 113 (notional capital)—
(a) in paragraph (2)(da) after “scheme” there shall be inserted “or a payment made by the Board of the Pension Protection Fund”;
(b) in paragraph (3)(a)(ia) for “or is a pension or other periodical payment made under a personal pension scheme” there shall be substituted “, a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund”; and
(c) in paragraph (3A)(c) for “or in respect of a pension or other periodical payment made under a personal pension scheme” there shall be substituted “, in respect of a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund”.
Amendment of the State Pension Credit Regulations
5 

(1) The State Pension Credit Regulations (Northern Ireland) 2003 shall be amended in accordance with paragraphs (2) to (5).
(2) In regulation 15(5) (income for the purposes of the Act) after sub-paragraph (j) there shall be added the following sub-paragraph—“
(k) PPF periodic payments.”.
(3) In Schedule 1 Part 3 (amount applicable for former claimants of income support or income-based jobseeker’s allowance) for paragraph 6(9)(b) there shall be substituted the following sub-paragraph—“
(b) any amount by which the appropriate minimum guarantee of a patient is increased on 10th April 2006 by virtue of the substitution of paragraph 2 of Schedule 3.”.
(4) In paragraph 1 of Schedule 2 (housing costs)—
(a) in sub-paragraph (2) in the definition of “disabled person” for paragraph (a) there shall be substituted the following paragraphs—“
(a) aged 75 or over;
(aa) who, had he in fact been entitled to income support, would have satisfied the requirements of paragraph 12 of Schedule 2 to the Income Support Regulations (additional condition for the higher pensioner and disability premiums); or”; and
(b) in sub-paragraph (3) for “sub-paragraph (2)(a)” there shall be substituted “sub-paragraph (2)(a), (aa) and (b)”.
(5) In paragraph 2(2)(a) of Schedule 3 (further provisions in the case of patients) after “that section” there shall be inserted “, and nil is the prescribed additional amount for the purposes of subsection (3)(b)”.
Amendment of the Social Fund Maternity and Funeral Expenses (General) Regulations
6 
In regulation 8(2) of the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005 (funeral payments: supplementary) for sub-paragraph (b) there shall be substituted the following sub-paragraph—“
(b) a qualifying young person within the meaning of section 138 of the Act (child and qualifying young person);”.
Sealed with the Official Seal of the Department for Social Development on 9th March 2006
John O'Neill
A senior officer of the
Department for Social Development
The Department of Finance and Personnel hereby consents to regulation 3 of the foregoing Regulations.Sealed with the Official Seal of the Department of Finance and Personnel on 9th March 2006
Jack Layberry
A senior officer of the
Department of Finance and Personnel
